|
 Proponents say a constitutional amendment would be about
keeping right-to-work out of Illinois, but what it really would do is boost the
power of public employee unions to make demands that state law couldn’t control
and taxpayers would be expected to fund.
The proposed constitutional amendment filed by state Sen. Ram Villivalam,
D-Chicago, and passed by the Illinois General Assembly is now set to go to
voters in the Nov. 8, 2022, general election. Senate Joint Resolution
Constitutional Amendment 11 is being sold by proponents as a barrier against any
future legislation that would attempt to make Illinois a right-to-work state,
where agreements mandating that private sector employees join or pay fees to a
union as a condition of employment are prohibited.
But SJRCA 11 does more than that. The broad language could drastically expand
the ability of public sector unions to strike, keep children out of public
school classrooms and potentially hike taxes.
The amendment that proponents dub the “Workers’ Rights Amendment” would prohibit
any law that “interferes with, negates, or diminishes the right of employees to
organize and bargain collectively over their wages, hours, and other terms and
conditions of employment and workplace safety[.]” The specific prohibition
against right-to-work laws is tacked on at the end of the language, almost as an
afterthought, adding the prohibition would include “any law or ordinance that
prohibits the execution or application of agreements between employers and labor
organizations that represent employees requiring membership in an organization
as a condition of employment.”
Compare this amendment to the anti-right-to-work Senate Joint Resolution
Constitutional Amendment 13 filed by Villivalam in the previous General
Assembly:
“Neither the State nor any political subdivision of the State may enact or
enforce any law, ordinance, rule, regulation, or the like that by design or
application prohibits, restricts, tends to restrict, or regulates the use of
union security agreements between an employer and labor organization or other
rights to unionize.”
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SJRCA 13 is straightforward: no right-to-work laws
allowed.
But SJRCA 11, the amendment just passed by the General Assembly and
now headed to voters, opens Pandora’s box when it comes to
collective bargaining in the public sector.
This amendment would put union contracts above laws
passed by the democratically elected representatives of the people
of Illinois and could prevent limits on the subjects of collective
bargaining for public employees. For example, the General Assembly
could pass a law mandating a certain level of background check for
school bus drivers, or disciplinary procedures for teacher
misconduct. Given that unions could challenge such laws as violating
workers’ constitutional right to bargain collectively over such
terms and conditions of employment, the amendment could potentially
prevent such statutes from taking effect. It could also undo any
measures that would rein in public school teachers’ right to strike.
The amendment could also put taxpayers on the hook for more costly
provisions, as everything would be up for grabs in bargaining over
government union contracts.
 The language that prohibits any law that “interferes with, negates,
or diminishes the right of employees to organize and bargain
collectively over their wages, hours, and other terms and conditions
of employment and workplace safety” is so broad it is difficult to
tell every potential provision that could fall under the amendment
once passed. The interpretation would be hashed out in court as
disputes arise.
Despite that uncertainty, Illinois lawmakers rolled the dice to see
what happens. Voters need not. |
